THE HERITAGE BARN
WEDDING VENUE RENTAL AGREEMENT
Heritage Barn Operations LLC dba The Heritage Barn
2575 Emmanuel Church Rd
Conover, North Carolina 28613
(704) 565-9053
events@theheritagebarn.com
This Wedding Venue Rental Agreement (“Agreement”) is between Heritage Barn Operations LLC dba The Heritage Barn (“Heritage Barn”) and the individual identified below (“Client”) for the wedding or related event described in this Agreement (“Event”).
1. TOTAL CONTRACT PRICE:
The package, services, upgrades, rentals, and add-ons selected by Client in this Jotform, together with the prices displayed or given in separate invoice at the time Client signs this Agreement, are incorporated into and form part of this Agreement.
Heritage Barn will provide Client a receipt following the initial payment confirming the package, selected services, payments received, and remaining balance.
The $500 refundable Damage Deposit described below is separate from the Total Contract Price.
2. RESERVATION RETAINER AND PAYMENT TERMS
Reservation Retainer
A $1,000 non-refundable reservation retainer is required to reserve the Event Date.
The Event Date is not reserved until Heritage Barn has received:
this signed Agreement; and
the $1,000 reservation retainer.
The reservation retainer is non-refundable but will be credited toward the Total Contract Price.
Six-Month Payment
No later than six (6) calendar months before the Event Date, Client must have paid an amount equal to at least fifty percent (50%) of the Total Contract Price.
The $1,000 reservation retainer counts toward the required 50%.
For example, if the Total Contract Price is $8,500, Client must have paid a total of $4,250 by the six-month deadline. If Client previously paid the $1,000 reservation retainer, an additional $3,250 would be required by that deadline.
Final Payment
The entire remaining unpaid Total Contract Price is due no later than ninety (90) days before the Event Date.
Damage Deposit
A separate $500 refundable Damage Deposit will be added to Client’s account balance after payment of the initial $1,000 reservation retainer.
The Damage Deposit must be paid in full no later than ninety (90) days before the Event Date.
The Damage Deposit is not part of the Total Contract Price and is not included when calculating the 50% six-month payment requirement.
Voluntary Early Payments
Client may make voluntary payments at any time before the applicable payment deadlines.
Weddings Booked Less Than Six Months Before the Event
If this Agreement is signed less than six (6) months before the Event Date, Client must, at the time of booking, pay enough so that total payments toward the Total Contract Price equal at least 50%.
Weddings Booked Ninety Days or Less Before the Event
If this Agreement is signed ninety (90) days or less before the Event Date, the following are due at booking:
the entire Total Contract Price;
the $500 Damage Deposit; and
any other charges then due.
Late Payments
Client receives a five (5) calendar-day grace period after any required payment due date.
If a required payment remains unpaid after five calendar days, Heritage Barn may assess a one-time $50 late administrative fee for that missed payment.
If a required payment remains unpaid for ten (10) calendar days after its original due date, Client will be considered in material breach of this Agreement. Heritage Barn may then cancel the Event by written notice and release the Event Date for booking by another client.
A cancellation resulting from Client’s failure to make required payments will be treated as a cancellation by Client and will be subject to the Cancellation Policy in this Agreement.
Heritage Barn's cancellation of the reservation for nonpayment does not eliminate any amount Client otherwise owes under the Cancellation Policy.
Payment Methods
Payments may be made using payment methods offered by Heritage Barn.
Credit-card payments are subject to a 3% processing fee.
3. CANCELLATION POLICY
Client must submit any cancellation in writing by email to events@theheritagebarn.com.
Cancellation becomes effective when Heritage Barn receives the written cancellation.
Client acknowledges that:
Heritage Barn has a limited number of dates available for weddings each year;
reserving a date prevents Heritage Barn from offering that date to other prospective clients;
couples frequently select venues many months in advance;
the likelihood and economic terms of rebooking a cancelled date are uncertain;
Heritage Barn incurs planning, administrative, marketing, staffing, and other costs well before the Event;
the financial effect of a cancellation is difficult to determine precisely when this Agreement is signed.
The parties therefore agree to the following cancellation terms as a reasonable allocation of the anticipated loss resulting from cancellation.
Cancellation More Than Eight Months Before the Event
If Heritage Barn receives Client’s cancellation more than eight (8) calendar months before the Event Date:
Heritage Barn will retain the $1,000 non-refundable reservation retainer;
Client remains responsible for any non-refundable add-ons, rentals, third-party expenses, or services already ordered, reserved, or committed specifically for Client at Client's request; and
Heritage Barn will refund other payments toward the Total Contract Price that exceed those amounts.
The $500 Damage Deposit, if already paid, will also be refunded unless Heritage Barn has incurred an otherwise chargeable amount relating to the reservation.
Cancellation Eight Months or Less Before the Event
If Heritage Barn receives Client’s cancellation on or after the date that is eight (8) calendar months before the Event Date, Client will be responsible for 100% of the Total Contract Price as agreed liquidated damages.
All amounts previously paid toward the Total Contract Price will be credited against that obligation, and the remaining unpaid balance will become immediately due.
Client will also remain responsible for any separately approved, non-refundable add-ons or third-party commitments not already included in the Total Contract Price.
The refundable Damage Deposit is not part of the liquidated damages amount. If the Event does not occur, any Damage Deposit already paid will be returned after deducting any other amount properly chargeable under this Agreement.
Rebooking the Date
Heritage Barn's subsequent ability to book the cancelled Event Date to another client does not create a right to a refund, credit, or reduction of the cancellation amount owed by Client.
4. DATE CHANGES AND POSTPONEMENTS
More Than Eight Months Before the Event
Client may request one (1) date transfer without a rescheduling fee if the request is received more than eight calendar months before the original Event Date.
Any date transfer is:
subject to Heritage Barn's availability;
limited to one client-requested transfer;
required to be confirmed in writing by Heritage Barn; and
required to move the Event to a date occurring within twelve (12) months after the original Event Date unless Heritage Barn agrees otherwise in writing.
Payments already made will be transferred to the approved new Event Date.
Package and add-on pricing for the new Event Date will be based on Heritage Barn's then-current pricing. Amounts previously paid will be credited toward the revised Total Contract Price.
Eight Months or Less Before the Event
A request to change or postpone the Event Date made eight months or less before the Event Date will be treated as a cancellation unless Heritage Barn expressly agrees in writing to allow the change as an exception.
If Heritage Barn approves an exception, the applicable date, pricing, payment terms, and other conditions will be stated in writing.
Additional Date Changes
After Client has used the one permitted client-requested transfer, any additional date-change request may be treated as a cancellation and new booking.
A reschedule resulting from a Force Majeure Event under Section 18 does not count as Client's one permitted date transfer.
5. PACKAGES, SERVICES, AND ADD-ONS
Client is purchasing the package, services, and add-ons selected in the Booking Summary.
The selections and prices displayed in Jotform at the time this Agreement is signed control what Heritage Barn has agreed to provide.
No verbal statement, marketing description, social-media post, prior proposal, or other communication modifies the specific services selected in this Agreement.
Client may request additional services after signing. Any additional service must be confirmed in writing by Heritage Barn with its applicable price.
Once Heritage Barn has reserved, ordered, scheduled, purchased, or otherwise committed an approved additional service for Client, that service is non-refundable.
Unless otherwise stated in this Agreement, Heritage Barn will not charge Client for an optional upgrade or add-on that has not been disclosed and approved by Client in writing.
This restriction does not apply to charges expressly authorized by this Agreement for matters such as damage, cleaning, overtime, unauthorized access, late vendor pickup, security, policy violations, or unpaid balances.
6. EVENT ACCESS AND HOURS
Client's package determines the Event's included access period:
Essential Package: up to nine (9) consecutive hours
Classic Package: up to twelve (12) consecutive hours
Signature Package: up to twelve (12) consecutive hours
The specific Event access start and end times will be stated in the Booking Summary or approved Event timeline.
The access period includes all setup, decorating, Event activities, vendor access, breakdown, and cleanup unless Heritage Barn has approved other arrangements in writing.
No access may occur outside the contracted access period without Heritage Barn's prior approval.
11:00 PM Departure Requirement
Unless Heritage Barn expressly approves an extension in writing, all guests must be completely off Heritage Barn property no later than 11:00 PM.
An approved extension beyond 11:00 PM is subject to a flat $250 extended-hours fee.
Approval of an extension must specify the approved ending time. Payment of the $250 fee does not create an unlimited right to remain on the property.
Any additional bartender, security, staffing, or third-party expenses associated with an extended Event are separate from the $250 extended-hours fee.
Heritage Barn may deny an extension when necessary because of law, noise restrictions, staffing, neighboring properties, another reservation, or other reasonable operational considerations.
Music and Alcohol
Unless Heritage Barn approves otherwise in writing:
amplified music must end by 10:00 PM; and
alcohol service must end by 10:00 PM.
Heritage Barn may require music or alcohol service to end earlier when necessary for safety, legal compliance, or the approved Event timeline.
Heritage Barn does not permit announced “last calls.”
Early Access
Unauthorized or additionally requested access before the contracted access period is subject to Heritage Barn's approval and a fee of $150 per started hour.
Late Vendor Pickup
Vendor pickup or removal occurring after the agreed pickup time is subject to a fee of $150 per started hour.
Property or Vehicles Left Overnight
Client is responsible for ensuring that Client's property and vendor property are removed by the agreed deadline.
Property left overnight without Heritage Barn's written approval may be removed, stored, towed, or disposed of as reasonably necessary.
Client will be responsible for:
$150 per started hour of Heritage Barn staff time reasonably required to manage, move, secure, or coordinate the property; and
actual third-party towing, storage, removal, disposal, or similar costs.
No vehicle may be left overnight without Heritage Barn's prior written approval. Unauthorized vehicles may be towed at the vehicle owner's expense.
7. REHEARSALS AND PORTRAITS
One (1) hour for a wedding rehearsal on a date before the Event is included, subject to Heritage Barn's availability.
The rehearsal date and time must be scheduled and approved by Heritage Barn.
Bridal portraits may be scheduled separately, subject to availability and Heritage Barn's approval.
8. GUEST COUNT AND OCCUPANCY
Client must provide a final guest count no later than fourteen (14) days before the Event.
The Venue's maximum permitted occupancy is 220 guests, not including Heritage Barn staff, subject at all times to applicable fire-code requirements and instructions from Heritage Barn.
The maximum number of guests that Heritage Barn can accommodate seated indoors is 150.
Client may not exceed applicable occupancy or seating limits.
Heritage Barn may require adjustments to the Event layout, seating arrangement, vendor placement, or other logistical plans as necessary to comply with safety requirements and capacity limitations.
9. INCLUDED AMENITIES
Unless the Booking Summary states otherwise, Heritage Barn wedding packages include use of standard Heritage Barn:
tables;
chairs;
linens;
catering kitchen; and
other package-specific amenities identified in Client's selected package.
The catering kitchen includes the equipment and facilities made available by Heritage Barn at the time of the Event.
If Client wants a different style or quantity of tables, chairs, linens, décor, equipment, or other rental items beyond what Heritage Barn includes, third-party rentals may be used with Heritage Barn's approval and will be at Client's expense.
Package-specific inclusions selected through Jotform control over general descriptions in this section.
10. VENDORS
Client may select Client's own caterer and other vendors, subject to this Agreement and Heritage Barn's vendor requirements.
Client is responsible for communicating Heritage Barn's rules and requirements to all vendors.
All vendors must cooperate with Heritage Barn staff and follow the approved Event timeline.
Catering vendors are responsible for their own setup, breakdown, and cleanup.
No vendor may consume alcohol while working at the Event.
Vendor Insurance
Unless Heritage Barn grants a written exception, all vendors working on Heritage Barn property must maintain:
commercial general liability insurance of at least $1,000,000 per occurrence / $2,000,000 aggregate; and
workers' compensation/employer liability coverage when required by law.
Heritage Barn Operations LLC and Dasher Enterprises LLC must be named as additional insureds when required by Heritage Barn.
Required insurance documentation must be provided before the vendor works on the property.
If a vendor does not satisfy Heritage Barn's insurance requirements, Client may:
replace the vendor with a compliant vendor; or
request that Heritage Barn attempt to arrange an alternative vendor, if available, at Client's expense.
Heritage Barn does not guarantee that a replacement vendor will be available.
11. ALCOHOL AND BARTENDING
Alcohol may be served only in accordance with this Agreement, Heritage Barn policies, and applicable North Carolina law.
Self-service bars are prohibited.
Only a Heritage Barn-provided or Heritage Barn-approved bartender may serve alcoholic beverages.
Included Bartending
Unless the Booking Summary states otherwise, Client's wedding package includes:
One (1) bartender for up to five (5) hours.
Additional bartender time, additional bartenders, liquor-service requirements, and other bartending upgrades may result in additional charges.
Those charges will be the amounts displayed with the applicable Jotform option or otherwise disclosed and approved in writing before Heritage Barn charges Client.
Liquor
If spirituous liquor or another alcoholic beverage requiring a North Carolina ABC permit will be served, Client is responsible for timely obtaining the required permit, including a Limited Special Occasion Permit when applicable, and providing Heritage Barn proof before the Event.
Client is responsible for all governmental application fees and requirements associated with the permit.
Heritage Barn may prohibit liquor service if Client fails to obtain or provide a required permit.
Security for Liquor Service
Security officers are required when spirituous liquor is served.
Heritage Barn will arrange the required security.
Client will pay:
$50 per hour, per security officer, with a minimum of two (2) hours per officer.
Heritage Barn may require additional security hours based on the approved Event timeline, alcohol-service period, guest count, or reasonable safety considerations.
Alcohol Conduct
Client and Client's guests may not:
sell alcoholic beverages;
serve themselves alcohol;
provide alcohol to anyone under age 21;
provide alcohol to a visibly intoxicated person; or
interfere with Heritage Barn, bartender, or security decisions concerning alcohol service.
Heritage Barn, the bartender, or security personnel may refuse service, remove an intoxicated or disruptive guest, or end alcohol service when reasonably necessary for safety or legal compliance.
Client is responsible for arranging safe transportation for intoxicated guests.
12. REQUIRED EVENT INSURANCE
Client must obtain event general liability insurance for the Event through Heritage Barn's designated event-insurance partner, Nuptial, unless Heritage Barn changes its designated provider.
No substitute insurance provider may be used without Heritage Barn's written approval.
Client is responsible for paying the insurance premium directly or as otherwise instructed.
The premium is currently typically approximately $250, but the actual premium is established by the insurer and may vary. Heritage Barn does not control the insurer's pricing.
Coverage must include alcohol-related liability when applicable.
The certificate of insurance must name:
Heritage Barn Operations LLC;
Dasher Enterprises LLC; and
their applicable owners, officers, managers, agents, and employees
as additional insureds when required by the policy or Heritage Barn.
The required certificate must be provided at least thirty (30) business days before the Event, unless Heritage Barn approves a later deadline for a wedding booked within that period.
Failure to obtain required insurance constitutes a material breach of this Agreement and may result in cancellation under the terms of this Agreement.
13. DAMAGE DEPOSIT, DAMAGE, CLEANING, AND POLICY CHARGES
Client is responsible for damage caused by Client, Client's guests, invitees, vendors, contractors, or other persons attending or working at the Event at Client's invitation.
The $500 Damage Deposit may be applied to amounts properly chargeable under this Agreement, including:
physical damage to buildings, grounds, furnishings, décor, equipment, or landscaping;
missing or damaged Heritage Barn property;
excessive cleaning;
unauthorized overtime;
unauthorized early access;
late vendor pickup;
prohibited decorations or materials;
property left behind;
policy violations that create cleaning, repair, removal, staffing, or other costs; and
other unpaid Event-day charges expressly authorized by this Agreement.
Heritage Barn will refund the remaining Damage Deposit, if any, approximately fourteen (14) days after the Event.
If deductions are made, Heritage Barn will provide Client an explanation of the charges.
The $500 Damage Deposit does not limit Client's responsibility. If damages or other authorized charges exceed $500, Client must pay the additional reasonable amount after receiving an invoice from Heritage Barn.
Glitter and Confetti
The use of glitter or confetti is prohibited unless Heritage Barn expressly approves it in writing.
Unauthorized use of glitter or confetti is subject to a $500 cleaning and restoration fee, in addition to the cost of repairing any physical damage caused by its use.
Other Policy Violations
Unless a specific fee is stated in this Agreement, Heritage Barn will charge the actual reasonable cleaning, repair, replacement, removal, staffing, or third-party costs resulting from a policy violation rather than an arbitrary penalty.
14. CLEANUP AND PROPERTY REMOVAL
Client is responsible for returning the Venue and property substantially to the condition in which they were provided, ordinary use and Heritage Barn's normal trash service excepted.
Client and Client's vendors must remove all:
decorations;
rental equipment;
personal property;
catering equipment;
signage; and
other Event-related property
within the applicable Event or approved pickup period.
Heritage Barn will handle normal Event trash disposal.
Excessive cleaning or removal caused by Client, guests, or vendors may be charged against the Damage Deposit and, if necessary, billed to Client.
Heritage Barn is not responsible for property lost, damaged, stolen, discarded, or left behind before, during, or after the Event.
15. VENUE RULES
Client is responsible for informing guests and vendors of Heritage Barn's rules.
Decorations
Only mounting materials approved by Heritage Barn may be used.
No nails, staples, screws, duct tape, masking tape, electrical tape, or other potentially damaging materials may be used on Heritage Barn property unless Heritage Barn approves them in writing.
Decorations may not be hung from light fixtures.
Heritage Barn may require approval of significant decoration plans before installation.
Open Flames
Open flames are prohibited inside Heritage Barn buildings.
Battery-operated flameless candles are permitted.
Sparklers may be used only in designated outdoor areas with prior Heritage Barn approval.
Fireworks are prohibited.
Smoking and Vaping
Smoking and vaping are prohibited inside the Venue.
Smoking is permitted only in the designated outdoor smoking area.
Client is responsible for the actual reasonable cleaning or remediation costs resulting from unauthorized smoking or vaping.
Firearms
Firearms are prohibited except when carried by licensed security personnel approved by Heritage Barn.
Children
Children must be appropriately supervised by a responsible adult at all times.
Property and Landscaping
Guests and vendors may not damage or disturb trees, plants, landscaping, flower beds, buildings, furnishings, or other Heritage Barn property.
Nothing may be nailed, screwed, or permanently attached to trees or structures without approval.
Parking
Guests must park only in designated parking areas.
Parking on access drives or in prohibited roadside areas is not permitted.
Heritage Barn is not responsible for theft, loss, or damage involving vehicles or property left inside vehicles.
Deliveries
All vendor deliveries and pickups must be coordinated with Heritage Barn.
Client must notify Heritage Barn of major rental or vendor deliveries so Heritage Barn can provide access and placement instructions.
16. EVENT MANAGEMENT AND SAFETY
Heritage Barn staff may enter all Event areas during setup, the Event, and breakdown as reasonably necessary to operate the Venue, assist Client, inspect conditions, enforce this Agreement, or address safety concerns.
Heritage Barn may require Client, a guest, or a vendor to stop conduct that Heritage Barn reasonably determines is:
unsafe;
illegal;
damaging to the property;
disruptive to neighboring properties;
contrary to this Agreement; or
likely to expose persons or property to unreasonable risk.
Heritage Barn may remove or require the removal of a person who is intoxicated, violent, threatening, destructive, or seriously disruptive.
In a serious safety or legal situation, Heritage Barn may suspend alcohol service, music, an activity, or the Event itself.
Such action does not entitle Client to a refund when the action results from Client's, a guest's, or a vendor's violation of this Agreement or applicable law.
17. WEATHER
Ordinary rain, heat, cold, wind, or other inclement weather does not by itself constitute a cancellation or Force Majeure Event when Heritage Barn remains legally and reasonably usable.
If weather prevents use of an outdoor ceremony location but the barn or another reasonable Heritage Barn location remains available, the Event will proceed using the available weather plan.
Client is responsible for weather-related decisions involving Client's vendors, attire, transportation, décor, or other personal Event arrangements.
18. FORCE MAJEURE
A “Force Majeure Event” means an extraordinary event beyond the reasonable control of the affected party that makes performance of the Event illegal, physically impossible, or materially unsafe, including events such as:
fire or substantial property damage;
hurricane, tornado, or other severe natural disaster;
governmental order or closure;
war or terrorism;
widespread public emergency;
epidemic or pandemic restriction;
utility or infrastructure failure not reasonably within Heritage Barn's control; or
another comparable event beyond the affected party's reasonable control.
Force Majeure does not include:
Client's financial circumstances;
a change in wedding plans or relationship status;
ordinary inclement weather when the Venue remains usable;
vendor cancellation;
changes in travel costs;
changes in market conditions; or
Client's preference not to proceed.
If a Force Majeure Event prevents Heritage Barn from hosting the Event, the parties will first make reasonable efforts to reschedule the Event without penalty to a mutually available Heritage Barn date.
All amounts paid will transfer to the rescheduled Event.
If Heritage Barn and Client cannot reasonably reschedule the Event because Heritage Barn is unable to provide a reasonably available replacement date, Heritage Barn will refund the amounts Client paid to Heritage Barn.
Heritage Barn will not be responsible for Client's separate losses involving travel, lodging, vendors, clothing, invitations, or other third-party expenses arising from a Force Majeure Event.
19. RESPONSIBILITY, DAMAGE, AND INDEMNIFICATION
Client is responsible for the conduct of Client's guests, invitees, vendors, contractors, and other persons attending or working at the Event at Client's invitation.
Client is responsible for damage to Heritage Barn property caused by those persons.
Heritage Barn is not responsible for loss, theft, or damage involving property belonging to Client, guests, or vendors except to the extent liability cannot lawfully be excluded.
To the extent permitted by applicable law, Client agrees to defend, indemnify, and hold harmless Heritage Barn Operations LLC, Dasher Enterprises LLC, and their respective owners, managers, employees, and agents from third-party claims, damages, liabilities, and reasonable costs arising from:
Client's breach of this Agreement;
negligent, reckless, intentional, or unlawful conduct by Client or Client's guests or vendors;
Client's vendors or contractors;
unlawful or unauthorized alcohol possession or service; or
damage or injury caused by persons for whom Client is responsible.
This provision survives completion or termination of the Agreement.
20. REQUIRED EVENT PLANS
Heritage Barn's planning team must review and approve the Event's significant logistical plans no later than thirty (30) days before the Event, unless Heritage Barn agrees otherwise.
Heritage Barn may require information concerning:
floor plan;
ceremony location;
catering;
bar setup;
vendors;
DJ or band;
rentals;
deliveries;
décor;
alcohol;
security;
transportation; and
other matters reasonably necessary to operate the Event.
DJ and band contact information should be provided at least sixty (60) days before the Event when reasonably available.
21. PHOTOGRAPHY AND MARKETING
Heritage Barn may use photographs or other media reproductions from the Event for Heritage Barn's website, social media, portfolio, advertising, and other promotional purposes.
Client may opt out by providing Heritage Barn a written request before the Event.
Heritage Barn will honor a timely written opt-out request.
22. CHANGES TO THE PROPERTY
Client acknowledges that Heritage Barn may make repairs, renovations, landscaping changes, improvements, replacements, or other reasonable changes to the property before the Event.
Heritage Barn does not guarantee that every feature, furnishing, plant, decoration, background, or physical detail visible when Client tours or books the Venue will remain unchanged.
Heritage Barn will not materially reduce the package or services Client purchased without providing a reasonably comparable alternative or other appropriate resolution.
23. COMMUNICATIONS AND OFFICIAL NOTICES
Routine Event communications may occur through email, telephone, text message, Jotform, or other methods used by Heritage Barn.
The following notices must be in writing:
cancellation;
date-change requests;
amendments to material contract terms;
approval of Event extensions; and
any other notice that this Agreement specifically requires to be written.
A cancellation or date-change notice from Client must be sent to:
events@theheritagebarn.com
Heritage Barn may rely on instructions from the Client who signs this Agreement as the person authorized to make decisions regarding the Event.
24. HERITAGE BARN'S RIGHT TO CANCEL OR SUSPEND SERVICES
Heritage Barn may cancel the reservation or suspend services if Client materially breaches this Agreement, including through:
nonpayment;
failure to obtain required insurance;
failure to comply with required alcohol laws or permits;
serious safety violations;
material misrepresentation; or
refusal to comply with Heritage Barn's reasonable Event requirements.
When Heritage Barn cancels because of Client's breach, the cancellation will be treated as a cancellation by Client for purposes of determining amounts owed under Section 3.
Heritage Barn's right to cancel does not waive amounts already due or other remedies available under applicable law.
25. COLLECTION COSTS
Client remains responsible for all amounts properly due under this Agreement.
If Heritage Barn must pursue collection of an unpaid amount, Client agrees to pay reasonable collection costs and reasonable attorneys' fees to the extent recoverable under applicable North Carolina law.
26. NORTH CAROLINA LAW AND DISPUTES
This Agreement will be governed by the laws of the State of North Carolina.
Any lawsuit arising from or relating to this Agreement must be filed in a court of competent jurisdiction located in or serving Catawba County, North Carolina, unless applicable law requires another venue.
The parties consent to personal jurisdiction in North Carolina.
Nothing in this Agreement prevents the parties from voluntarily attempting to resolve a disagreement through informal negotiation or mediation before filing suit.
27. ENTIRE AGREEMENT
This Agreement, including:
the completed Jotform Booking Summary;
the package and add-on selections made in Jotform;
written Heritage Barn confirmations expressly incorporated into the reservation; and
any later written modification signed by both parties
constitutes the complete agreement between Heritage Barn and Client regarding the Event.
Client may not rely on prior oral promises or representations that are inconsistent with this Agreement.
Except for additional services that may be requested and confirmed as described in this Agreement, a material amendment to this Agreement must be in writing and approved by Heritage Barn and Client.
28. SEVERABILITY
If a court determines that a provision of this Agreement is invalid or unenforceable, the remaining provisions will continue in effect.
To the extent permitted by law, an invalid or unenforceable provision may be enforced to the maximum lawful extent rather than invalidating the Agreement as a whole.
29. NO WAIVER
A party's failure to enforce a provision of this Agreement on one occasion does not waive that party's right to enforce the provision later.
Heritage Barn's decision to make an exception for one client or Event does not require Heritage Barn to make the same exception for another client or Event.
30. ELECTRONIC SIGNATURE AND CLIENT ACKNOWLEDGMENT
Client acknowledges that Client:
has read this Agreement;
understands that it is a legally binding contract;
had the opportunity to ask questions before signing;
reviewed the package, services, add-ons, prices, payment schedule, cancellation policy, and additional fees;
understands that the $1,000 reservation retainer is non-refundable;
understands that cancellation eight months or less before the Event may require payment of 100% of the Total Contract Price;
understands the Venue's occupancy and indoor seating limitations;
agrees to ensure that Client's guests and vendors comply with applicable Venue rules; and
voluntarily agrees to the terms of this Agreement.
Client agrees that an electronic signature through Jotform constitutes Client's signature to this Agreement.
If more than one individual signs this Agreement as Client, each signing Client is jointly and individually responsible for Client's obligations under this Agreement.